By Gary Nelson

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BOCA RATON (CBSMiami) — The case of the kissing teacher in Boca Raton has been closed with 28-year-old Brian Kornbluth accepting  a plea agreement that will see him do no jail time and have no criminal conviction on his record.

Kornbluth, a fourth grade teacher at Somerset Academy charter school, was seen exchanging a quick peck on the lips with a 10-year-old boy in his classroom, the incident captured on school security video.

The school’s principal began monitoring Kornbluth’s classroom after another teacher reported that he seemed to be showing particular interest in certain students.

Kornbluth was originally charged with battery for kissing the boy, and for kissing the boy’s sister at the school the previous year.  The girl told police she was given Gummy Bears.

The just released video of the encounter with the boy shows the child approach the teacher at his desk, give him a hug and quick kiss, and then leave the classroom.

The teacher’s attorney says the video shows nothing improper.

“It shows an innocent peck on the lips from the boy to my client,” said defense attorney Kristine Rosendahl.  “There was no criminal intent. There was nothing at all nefarious about this.”

Rosendahl said Kornbluth was close to the family of the boy and his sister and sometimes watched the children for their mom.  In interviews with Boca police Rosendahl said neither child indicated there was any inappropriate behavior on the  teachers part when he was caring for them.

Rosendahl said Kornbluth accepted a sweetheart plea deal, even though he wanted to go to trial to be vindicated.  In the end, he wanted to spare the children the stress of a trial, the attorney said.

The most significant part of the agreement, a guilty plea to one count of simple battery, includes a withhold of adjudication, Rosendahl said. Kornbluth will have no criminal conviction on his record and can eventually have his arrest expunged, wiped off the books.  He will be able to teach, but won’t be returning to Somerset.

“All he’s ever wanted to do was be a school teacher, and he put his heart and soul into receiving a degree to do that,” Rosendahl said.

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